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This forum is a project of ours, and we hope you choose to join in. Here, we ask users to post examples of Mutual Legal Assistance Treaties that have worked for them in the past. Of course, we ask that you redact sensitive portions. In the comments field below you can add an attachment.
Mutual Legal Assistance Treaties (MLAT) are bilateral treaties for assistance in criminal matters that request information that private parties can use when gathering evidence for their asset recovery investigations. Requesting bank records from another country is an example of this. The United States has more than 65 MLATs with countries such as the United Kingdom, Trinidad and Tobago and Panama.
The scope of assistance includes:
-Tracing, freezing, seizing and forfeiting crime proceeds
-Examining objects and sites
-Exchanging information and objects
-Locating or identifying persons
-Serving documents and taking evidence of persons
-Providing documents, records and evidence
-Transferring persons in custody
-Executing requests for searches and seizures
The benefits of using the treaties include:
-The Treaty Partners have already agreed to assist each other in the investigation
-The scope of assistance to be provided is clearly defined
-The requested country bears the cost except for extraordinary expenses
-You get access to information that might not otherwise be available
How do you gain access?
-Work directly with the Prosecutor
-Appoint a Federal Receiver pursuant to 18 USC 1956 (b)
-Apply to the Court for an Order directing that the government submit a treaty request for material evidence on behalf of an interested party
Limitations on use of treaty information:
-The Treaties also limit the use of any information provided to the proceedings described in the request
-If you want to use information for asset recovery and restitution to victims of a fraud, that should be included in the request
-The government, in submitting a request, can seek permission to share information with a Court-Appointed Receiver
Used properly, MLATs can be an asset recovery specialist's best friend.
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The MLAT ... by David Quinones-IA... 05/02/2011 - 13:40 |
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IAAR Online is a feature rich site with a lot to offer. Learn more here.
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How does the ... by David Quinones-IA... 04/22/2011 - 17:57 |
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What better start for our forum than to make a list of other forums and places where asset recovery professionals can connect? I'll get us started with AREN, the Asset Recovery Experts Network. The professionals there are focused on international corruption issues. The forum is run by the International Centre for Asset Recovery at the Basel Institute of Governance. You must qualify for membership, which can be done here: https://aren.assetrecovery.org/
Any others?
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AML Services ... by David Quinones-IA... 10/06/2011 - 13:21 |
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Discuss the cutting edge work done by tech savvy asset recovery leaders. Got a question or a strategy you want to share? Do it here.
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How can you vet ... by David Quinones-IA... 08/10/2011 - 08:52 |
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It's the dawn of a new day in corruption prevention. Discuss it here.
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Where are the ... by David Quinones-IA... 07/05/2011 - 11:27 |
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What would you like to see from the forum? Let us know here.
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Madoff. Stanford. Dreier. These days, fraudsters are famous enough and their frauds are bit enough that they can be called by one name. Here, we talk about fraudsters in the news, how their assets can be located and what asset recovery professionals can learn from their cases and investigations.
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Madoff vs. ... by David Quinones-IA... 03/28/2011 - 13:19 |
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I would like to devote this forum to suggestions how public and private sector asset recovery professionals can work together to achieve their ends. What are your experiences?
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What training ... by David Quinones-IA... 08/31/2011 - 13:28 |
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Before the money recovered by government officials finds its way back to victims, it goes through asset forfeiture funds. In the US, these funds are operated by agencies such as the US Marshals Service, the Department of Justice and the Department of Treasury, to name a few. In this forum we will discuss these funds, how they work, and the latest news concerning them.
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Federal ... by JHerndon 07/11/2011 - 11:46 |
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This forum is dedicated to asset recovery through the collection of fines and judgments under the US False Claims Act and similar legislation. Millions are recovered by whistleblowers with the courage to step forward. But is this the traditional definition of asset recovery? Discuss your experiences here.
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Quest ... by JHerndon 06/02/2011 - 22:40 |
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In this forum, we will discuss tracing, freezing and recovering terrorist finances.
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bin Laden haul a ... by David Quinones-IA... 05/09/2011 - 14:48 |
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